Nature conservation: intervention permit, compensation and replacement measures
Performance specification
The aim of nature conservation is to preserve nature and landscape on the basis of their own value and as the basis of human life. Since severe impairments or even destruction of nature and landscape can also have serious negative consequences for humans, in addition to the protection of the landscape, the conservation, if necessary the restoration and the long-term and sustainable usability of the natural balance are particularly aimed at.
As a rule, anyone who wants to carry out a project that changes the use or form of the surroundings and that may have a significant impact on the natural balance or the landscape - in particular through construction measures - requires an encroachment permit. The associated impairments of the natural balance and the landscape must be kept as low as possible. Depending on the situation, unavoidable impairments must either be compensated for by nature conservation and landscape management measures of equal value or by replacement measures of equal value. Special, relaxed regulations apply in the case of development plans and in unplanned inner areas.
In addition to the impact permit, many other nature conservation permits may be required today (e.g. species protection, biotope protection, Fauna-Flora-Habitat Directive or Birds Directive, protected area regulations). Projects in Natura 2000 sites that do not require further approval may be notifiable
Which documents are required?
In accordance with the Compensation Ordinance, an intervention compensation plan must be submitted in the application. Information can also be found on the website of the Hessian Ministry for the Environment, Climate Protection, Agriculture and Consumer Protection in the Nature Conservation section in the Nature Conservation / Forests section.
Special information for - District of Waldeck-FrankenbergWhat are the fees?
Official acts under nature conservation law are generally subject to a fee. The amount of the impact permit depends on the construction volume. In the case of projects requiring a building permit, the impact permit may already be included in the building permit.
What deadlines do I have to observe?
If no decision is taken on an application for an encroachment permit within a period of 3 months, it shall be deemed to have been granted. In all other respects, section 42a of the Hessian Administrative Procedure Act in the version of 15.01.2010 (GVBl. I p. 18) shall apply. The nature conservation authority shall examine the application documents and inform the applicant within one month of receipt of the application whether the documents are complete or what further information it requires for a complete assessment of the facts. (§3 para. 2 HAGBNatSchG)
Legal basis
- - Chapter 3 of the Nature Conservation and Landscape Management Act (Bundesnaturschutzgesetz - BNatSchG)
- - § 2 para. 1 Hessian Implementation Act to the Federal Nature Conservation Act (HAGBNatSchG)
- - § 7 Hessian Implementation Act to the Federal Nature Conservation Act (HAGBNatSchG)
- - § 8 Hessian Implementation Act to the Federal Nature Conservation Act (HAGBNatSchG)
- - Compensation Ordinance (CT)
What else should I know?
Further information and tips can be found on the website of the Hessian Ministry for the Environment, Climate Protection, Agriculture and Consumer Protection in the Nature Conservation section and on the websites of the Regional Councils of Kassel, Darmstadt and Gießen. Many districts and cities with their own lower nature conservation authorities have their own websites where you can directly find contact persons.
Start your request directly online
Who do I need to contact?
The approval of interventions in nature and landscape is a matter for the authorities that decide on the approval of projects according to the respective sectoral laws (e.g. building supervision, immission control or water authorities). In these cases, the nature conservation authorities are involved within the authorities. The nature conservation authorities only decide on the approval of the encroachment in a separate nature conservation procedure if no other authority is responsible or if the nature conservation authority must make a decision anyway for important other reasons. The first point of contact for citizens is the lower nature conservation authorities responsible for the area on which the encroachment is to take place. The lower nature conservation authorities are the district administration in the districts and the city administration in the cities with more than 50,000 inhabitants.
| Location | Contact |
|---|---|
| Allendorf | Peter Käufler |
| Bad Arolsen | Thea Schmidtmann |
| Bad Wildungen | Thea Schmidtmann |
| Battenberg (Eder) | Peter Käufler |
| Bromskirchen | Peter Käufler |
| Burgwald | Peter Käufler |
| Diemelsee | Nicole Kleinschnittger |
| Diemelstadt | Jessika Sachse |
| Edertal | Thea Schmidtmann |
| Frankenau | Peter Käufler |
| Frankenberg (Eder) | Peter Käufler |
| Gemünden (Wohra) | Peter Käufler |
| Haina (monastery) | Peter Käufler |
| Hatzfeld (Eder) | Peter Käufler |
| Korbach | Thea Schmidtmann |
| Lichtenfels | Nicole Kleinschnittger |
| Rosentahl | Peter Käufler |
| Twistetal | Jessika Sachse |
| Vöhl | Nicole Kleinschnittger |
| Volkmarsen | Thea Schmidtmann |
| Waldeck | Thea Schmidtmann |
| Willingen (Upland) | Ulrich Kessler |